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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1969
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1970
PART II
VOLUME LVII
CHARLIMI PRINTING CO.. WILMINGTON, DRLAWARR
f

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY-FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1969
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1970
PART II
VOLUME LVII
CHARLIMI PRINTING CO.. WILMINGTON, DRLAWARR
f
CHAPTER 488
AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY ADD-ING
A NEW CHAPTER 22 THERETO TO CREATE A
GOVERNOR-ELECT TRANSITIONAL FUND AND TO
PROVIDE FOR THE USE THEREOF, AND MAKING A
SUPPLEMENTARY APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 29, Delaware Code, is amended by adding a
new Chapter 22 thereto to read as follows :
CHAPTER 22. GOVERNOR-ELECT TRANSITIONAL FUND
§ 2201. Establishment of Governor-elect Transitional Fund.
There is hereby established in the General Fund a fund to
be known and designated as the "Governor-elect Transitional
Fund." All monies in the Governor-elect Transitional Fund are
perpetually appropriated and dedicated for the purposes set forth
in this Chapter.
§ 2202. Certification of election of Governor
As soon as possible after every general election at which a
governor has been elected, the Commissioner of Elections shall
certify to the Budget Director and the State Auditor the fact and
results of such election.
§ 2203. Facilities to be furnished to Governor-elect
The Budget Director, in cooperation with the Governor,
shall, upon request of the Governor-elect, furnish the following
services and facilities to the Governor-elect from moneys set aside
in the Governor-elect transitional fund :
Suitable office space, furniture, fixtures and equipment;
Payment of salaries and expenses of staff personnel
designated by the Governor-elect ;
Payment of travel expenses for the Governor-elect and
his staff personnel ;
1314 Chapter 488
(4) Payment of incidental office expenses, including post-age
communications and supplies.
§ 2204. Time during which available to Governor-elect
The moneys authorized for use of the Governor-elect as here-in
provided shall be available from the date of certification as
provided in § 2202 until the Governor-elect officially assumes the
office of Governor.
§ 2205. When fund not to be used
In the case where the Governor-elect is the incumbent Gov-ernor,
there shall be no expenditures of funds for the provision of
facilities to such incumbent pursuant to this Chapter.
Section 2. The sum of $15,000 shall be paid by the State
Treasurer out of the General Fund and out of funds not other-wise
appropriated in any year in which the provisions of this Act
are operative. These funds shall be considered as an automatic
appropriation.
Approved June 3, 1970.
1315
CHAPTER 489
AN ACT TO AMEND TITLE 16, DELAWARE CODE, SEC-TION
3137 RELATING TO FEES CHARGED BY THE
BOARD OF HEALTH AND THE DIVISION OF PHYSI-CAL
HEALTH OF THE DEPARTMENT OF HEALTH
AND SOCIAL SERVICES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 16, Delaware Code, Section 3137, is amended
by striking the figure "$1" as it appears in subsection (a) (1)
thereof and inserting in lieu thereof the figure 12.50".
Section 2. Title 16, Delaware Code, Section 3137, is amended
by striking subpart (2) of subsection (a) thereof and renumber-ing
subparts (3) and (4) as (2) and (3)
Section 3. Title 16, Delaware Code, Section 3137, is amended
by striking the figure "$2" as it appears in subsection (a) (2)
thereof, and inserting in lieu thereof the figures "$2.50".
Section 4. Title 16, Delaware Code, Section 3137, is amended
by striking the figure 12.50" as it appears in subsection (a) (3)
thereof, and inserting in lieu thereof the figure 13.50".
Section 5. Title 16, Delaware Code, Section 3137, is amended
by striking subsection (d) thereof in its entirety.
Approved June 3, 1970.
1316
CHAPTER 490
AN ACT TO AMEND TITLE 14, DELAWARE CODE, RELAT-ING
TO "EDUCATION", BY PROVIDING ENCOURAGE-MENT
FOR VOCATIONAL YOUTH ORGANIZATIONS.
WHEREAS, vocational youth organizations have been rec-ognized
by national, State, and local educational agencies as being
an integral part of the total occupational-vocational program;
and
WHEREAS, vocational youth organizations afford the mem-bers
the opportunity to be recognized in their communities for
social and vocational competencies developed by participation in
these constructive organizations ; and
WHEREAS, vocational youth organizations help develop
self-confidence and a spirit of honorable competition with local,
State and National colleagues; and
WHEREAS, vocational youth organizations provide an out-let
for the development of leadership qualities in Delaware youth ;
and
WHEREAS, the increased number of Delaware youth being
served has proportionately increased the cost of operating these
organizations and has made it necessary to curtail leadership de-velopment
and has prohibited their expanded membership partici-pation
due to limited economic resources, it is now imperative
that financial assistance be obtained to support leadership devel-opment
activities in these organizations ; and
WHEREAS, the existing vocational youth organizations
have provided an outstanding record of positive, peaceful per-formance,
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 14, Delaware Code, is hereby amended by
adding a new Chapter thereto to read as follows :
Chapter 490 1317
CHAPTER 32. VOCATIONAL YOUTH ORGANIZATIONS
§ 3201. Purpose
It is the intent and purpose of the General Assembly of the
State of Delaware, through this Act, to encourage the youth of
Delaware to pursue vocational and occupational education when
such pursuit is deemed in the best interest of the student and of
the State of Delaware.
§ 3202. Administration
This Chapter shall be administered by the State Board of
Education, hereinafter referred to as the "Board".
§ 3203. Vocational Youth Organization Fund
The General Assembly shall each year in the Budget Act
appropriate a sum to be known as the "Vocational Youth Organi-zation
Fund" for the purpose of carrying out the provisions of
this Act.
§ 3204. Grants
The Board is hereby authorized to award grants from the
Vocational Youth Organization Fund to such vocational organi-zations
which are an integral part of the instructional program
in the following, but not limited to, occupational-vocational areas,
such as : Agriculture, Business and Office Occupations, Distribu-tive
Education, Home Economics, and Trade and Industrial Edu-cation.
Section 2. There is hereby appropriated to the State Board
of Education the sum of Five Thousand Dollars ($5,000) for the
purpose contained in this Act.
Section 3. This Act is a supplementary appropriation act
and the fund hereby appropriated shall be paid out of the General
Fund of the State. Any monies appropriated by this Act and unex-pended
by Jur 30, 1971, shall revert to the General Fund.
Section 4. This Act shall become effective July 1, 1970.
Approved June 3, 1970.
1318
CHAPTER 491
AN ACT TO AMEND TITLE 31, DELAWARE CODE, SEC-TION
503 RELATING TO AID TO FAMILIES WITH DE-PENDENT
CHILDREN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 31, Delaware Code, Section 503 (d), is
amended by striking the words "in the same home or" as they
appear in the third paragraph thereof.
Section 2. Title 31, Delaware Code, Section 503 (d), is
amended by striking the words "in the same home or" as they
appear in the first sentence of the last paragraph thereof.
Approved June 3, 1970.
1319
CHAPTER 492
AN ACT TO AMEND SUBCHAPTER V, CHAPTER 17, TITLE
24, DELAWARE CODE, PROVIDING FOR IMMUNITY OF
MEMBERS OF MEDICAL COUNCIL OF DELAWARE,
THE BOARD OF MEDICAL EXAMINERS OF DELA-WARE,
THE COUNTY MEDICAL CENSOR COMMIT-TEES,
THE STATE OSTEOPATHIC CENSOR COMMIT-TEE,
AND PHYSICIANS WHO ARE MEMBERS OF HOS-PITAL
COMMITTES WHOSE FUNCTION IS THE RE-VIEW
OF MEDICAL RECORDS AND OF PHYSICIANS'
WORK WITH A VIEW TO QUALIFY OF CARE AND UTI-LIZATION
OF HOSPITAL FACILITIES FROM SUIT OR
LIABILITY FOR ACTION TAKEN AS MEMBERS OF
SUCH ORGANZATIONS AND COMMITTEES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Subchapter V, Chapter 17, Title 24, Delaware
Code, is hereby amended by adding a new Section "1768" to read
as follows:
§ 1768. Immunity of members of Medical Council of Delaware,
the Board of Medical Examiners of Delaware, mem-bers
of the County Medical Censor Committees, the
State Osteopathic Censor Committee, and physicians who
are members of hospital committees whose function is
the review of medical records and of physicians' work
with a view to quality of care and utilization of hospital
facilities
The members of the Medical Council of Delaware, the Board
of Medical Examiners of Delaware, the members of the County
Medical Censor Committees, the State Osteopathic Censor Com-mittee,
and physicians who are members of hospital committees
whose function is the review of medical records and of physi-cians'
work with a view to quality of care and utilization of hos-pital
facilities shall severally not be subject to, and shall be im-mune
from, claim, suit, liability, damages or any other recourse,
civil or criminal, arising from any act or processing, decision or
determination undertaken, performed or reached in good faith
1320 Chapter 492
and without malice by any such member or members acting indi-vidually
or jointly in carrying out the responsibilities and au-thority,
duties, powers and privileges of the offices conferred by
law upon them under the provisions of Chapter 17 (excluding
only Subchapter VI) of this title, or any other provisions of the
Delaware law, or duly adopted rules and regulations of the afore-mentioned
committees and hospitals, good faith being presumed
until proved otherwise, with malice required to be shown by a
complainant.
Approved June 3, 1970.
CHAPTER 493
AN ACT TO AMEND TITLE 11, CHAPTER 83, DELAWARE
CODE, TO AUTHORIZE THE SUPERINTENDENT OF
THE STATE POLICE TO ADMINISTER A CRIME RE-DUCTION
FUND.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 11, Chapter 83, Delaware Code, is amended
by adding thereto a new section to be designated as Section 8308
to read as follows :
§ 8308. Crime Reduction Fund
The Superintendent of the State Police is authorized to
administer a fund to be known as the "Crime Reduction Fund".
Expenses for the administration of this fund shall be
paid by the State Treasurer out of funds of the General Fund not
otherwise appropriated not to exceed Ten Thousand Dollars
($10,000) in any fiscal year.
Approved June 3, 1970.
1321
1322
CHAPTER 494
AN ACT TO AMEND SECTION 309 AND SECTION 304 (2),
TITLE 4, DELAWARE CODE, RELATING TO SCOPE OF
REGULATIONS MADE BY THE DELAWARE LIQUOR
COMMISSION; AMENDMENT OF THE DELAWARE LI-QUOR
COMMISSION REGULATIONS BY THE GEN-ERAL
ASSEMBLY; AND MORE PARTICULARLY IM-POSING
RESTRICTIONS UPON THE DELAWARE
LIQUOR COMMISSION AS TO REGULATION OF
POOL TABLES, PINBALL MACHINES, AND SHUFFLE-BOARDS
IN BUSINESS PLACES SELLING ALCOHOLIC
LIQUORS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 309, Title 4, Delaware Code, is amended
by striking the second paragraph of said section in its entirety,
and inserting in lieu thereof, the following paragraph :
Any regulation made by the Commission and approved and
published as provided by this chapter may be repealed or amended
either by another regulation of the Commission, approved and
published as so provided, or by an Act of the General Assembly
of the State of Delaware.
Section 2. Section 304, (2), Title 4, Delaware Code, is
amended by inserting the following sentence at the end of said
subparagraph (2) :
However, such rules and regulations as established by the
Commissioner shall not control or regulate any recreational
equipment located on the business premises of any business sell-ing
alcoholic beverages, which said recreational equipment shall
include, but not be limited to, pool tables, pinball machines, and
shuffleboards.
Approved June 3, 1970.
CHAPTER 495
AN ACT TO AMEND SECTION 2710, TITLE 21, DELAWARE
CODE, RELATING TO THE APPLICATION BY A MINOR
FOR A DRIVER'S LICENSE AND TO AMEND SECTION
6105, TITLE 21, DELAWARE CODE, RELATING TO THE
LIABILITY OF PARENT, GUARDIAN OR EMPLOYER
FOR THE NEGLIGENCE OF A MINOR.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend § 2710, Title 21, Delaware Code, by strik-ing
the paragraph numbered (1) and (2) of said sections in their
entireties and inserting in lieu thereof the following:
Father and mother of the minor if both parents are liv-ing
together within this State, and the minor resides with both
parents.
Father of the minor, if the father is living within this
State, and the minor resides with the father only; or Mother of
the minor, if the father is not living within this State, and the
mother is living within this State, and the minor resides with the
mother.
Section 2. Amend Section 2710, Title 21, Delaware Code, by
adding the following paragraph at the end of said section :
The Department shall not require as a prerequisite to the is-suance
of a license to a minor under this section, that such father,
mother, guardian or employer be present at the time such applica-tion
is made by such minor or sign such application at the offices
of the Motor Vehicle Department. The signing of said application
and acknowledgment thereof by said father, mother, guardian or
employer before a Notary Public or other person authorized to
administer oaths shall be deemed sufficient to satisfy the require-ments
of this section.
Section 3. Amend § 6105, Title 21, Delaware Code, by strik-ing
subsection (a) thereof and inserting in lieu thereof the fol-lowing:
1323
1324 Chapter 495
(a) Any negligence of a minor, under the age of 18 years
licensed upon application signed as provided in Section 2710 of
this title, when driving any motor vehicle upon a highway, shall
be imputed to the person or persons who have signed the applica-tion
of such minor for the license. Such person or persons shall
be jointly and severally liable with such minor, for any damages
caused by such negligence.
Approved June 3, 1970.
CHAPTER 496
AN ACT TO AMEND TITLE 30, DELAWARE CODE, RELAT-ING
TO COMMODITY TAXES BY ADDING A NEW
CHAPTER TO BE DESIGNATED AS CHAPTER 52, RE-LATING
TO A FUEL PURCHASE LAW UPON CERTAIN
MOTOR CARRIERS, PROVIDING FOR THE COLLEC-TION
AND ADMINISTRATION THEREOF, ESTABLISH-ING
PENALTIES, AND MAKING AN APPROPRIATION
TO THE STATE HIGHWAY DEPARTMENT.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 30, Delaware Code, is amended by adding
thereto a new Chapter designated as Chapter 52 to read as
follows :
CHAPTER 52. MOTOR CARRIERS FUEL PURCHASE LAW
§ 5201. Short Title
This Act shall be known and may be cited as the "Motor
Carriers Fuel Purchase Law".
§ 5202. Definitions
As used in this Act
(a) "Motor Fuel" means (1) any liquid or gaseous sub-stance
commonly or commercially known or sold as gasoline
regardless of its classification or use ; (2) any liquid or gaseous
substance used, offered for sale or sold for use, either alone or
when mixed, blended, or compounded, for the purpose of generat-ing
power for the propulsion of motor vehicles upon the public
highways ; and shall include :
all grades of motor gasoline, natural gasoline, marine
gasoline, aviation gasoline, motor fuel blending napthas, motor
grade benzol and motor grade toluol ; and
any liquid prepared, advertised, offered for sale or sold
for use as or commonly and commercially used as a fuel in
1325
1326 Chapter 496
internal combustion engines, which when subjected to distillation
in accordance with latest revised standard method of test for dis-tillation
of gasoline, naptha kerosene, and similar petroleum
products (American Society for testing materials Method D-86)
shows not less than 10 per centum distilled (recovered) below
347 degrees Fahrenheit and not less than 95 per centum distilled
(recovered) below 464 degrees Fahrenheit; and
(iii) all combustible gases which exist in a gaseous state
at 60 degrees Fahrenheit and at 14.7 pounds per square inch abso-lute
pressure, industrial napthas and solvents, aromatic distillates,
diesel fuel, additives, and all other products not included within
the foregoing provisions of this subsection.
"Motor Carrier" means every person who operates or
causes to be operated any motor vehicle on any highway in this
State.
"Motor Vehicle" means a passenger vehicle that has
seats for more than nine passengers in addition to the driver, or
any road tractor, or any truck tractor, or any truck having more
than two axles and which is propelled by motor fuel.
"Operations" means operations of all such motor ve-hicles
whether loaded or empty, whether for compensation or not
for compensation and whether owned by or leased to the motor
carrier who operates them or causes them to be operated.
"Highway" means the Delaware Turnpike and every
way or place, of whatever nature, open to the use of the public
as a matter of right, for the purposes of vehicular travel, The
term "highway" shall not be deemed to include a roadway or
driveway upon grounds owned by private persons, colleges, uni-versities
or other public institutions.
"Controller" means the Controller of the State High-way
Department of the State of Delaware.
§ 5203. Rate of Tax
Every motor carrier shall pay a road tax equivalent to the
the rate per gallon of the Delaware liquid fuels tax which is cur-rently
in effect, calculated on the amount of motor fuel used in
its operations on highways within this State.
Chapter 496 1327
§ 5204. Credit for motor fuel tax payment
Every motor carrier subject to the tax hereby imposed,
shall be entitled to a credit on such tax equivalent to the rate per
gallon of the Delaware Tax which is currently in effect, on all
gasoline or other motor fuel purchased by such carrier within
this State for use in its operation either within or without this
State and upon which gasoline or other motor fuel the tax im-posed
by the laws of this State has been paid by such carrier. Evi-dence
of the payment of such tax in such form as may be required
by, or is satisfactory to, the Controller, shall be furnished by each
such carrier claiming the credit herein allowed. When the amount
of the credit herein provided to which any motor carrier is entit-led
for any quarter exceeds the amount of the tax for which such
carrier is liable for the same quarter, such excess shall, upon
application and under regulations of the Controller, be allowed as
a credit on the tax for which such carrier would be otherwise
liable for any of the six succeeding quarters ; or upon application
with the Controller within one year from the end of any quarter,
duly verified and presented, in accordance with regulations
promulgated by the Controller, and supported by such evidence as
may be satisfactory to the Controller, such excess shall be refund-ed
if it shall appear that the applicant has paid to another state
under a lawful requirement of such state a tax, similar in effect
to the tax herein provided, on the use or consumption in said
state of gasoline or other motor fuel purchased in Delaware, to
the extent of such payment to said other state, but in no case to
exceed the rate per gallon of the Delaware fuel tax which is cur-rently
in effect.
The Controller shall not allow such refund except after
an audit by the Controller of the applicant's records and the Con-troller
shall audit the records of an applicant at least once a year.
If the Controller shall refuse to allow a refund in the amount
claimed by the applicant, the applicant may request a formal
hearing on the application for a refund. Such hearing shall be
held by the Controller after written notice to the applicant of not
less than ten days. Whenever any refund is ordered it shall be
paid out of the General Fund. So much of the moneys received as
payment of the tax, interest and penalties under this Act, as
shall be necessary for the payment of the refunds provided for
in this Act, is hereby appropriated for payment of such refunds.
1328 Chapter 496
No tax, interest, penalty, or fee received or derived from any
other tax imposed by the laws of this State shall be used to pay
any refund or credit due and payable under the provisions of
this Act.
§ 5205. Tax due date
The tax hereby imposed shall be paid by each motor carrier
quarterly to the Controller on or before the last day of April,
July, October and January of each year and calculated upon the
amount of motor fuel used in its operations on highways within
this State by each such carrier during the quarter ending with
the last day of the preceding month.
§ 5206. Tax revenue to General Fund
All taxes, fees, penalties and interest paid under the provi-sions
of this Act, shall be credited to and are hereby appropriated
to the General Fund of the State of Delaware.
§ 5207. Calculation of amount of fuel used in State
The amount of gasoline or other motor fuel used in the opera-tion
of any motor carrier on highways within this State, shall be
such proportion of the total amount of such gasoline or other
motor fuel used in its entire operations within and without this
State, as the total number of miles traveled on highways within
this State bears to the total number of miles traveled within and
without this State.
§ 5208. Report requirements
Every motor carrier subject to the tax imposed by this Act,
shall on or before the last day of April, July, October and Janu-ary
of every year make to the Controller such reports of its opera-tions
during the quarter ending the last day of the preceding
month as the Controller may require and such other reports from
time to time as the Controller may deem necessary. The Con-troller
by regulation may exempt from the quarterly reporting
requirements of this section those motor carriers operating solely
within the State of Delaware, and require in such instance an
annual affidavit, if in his discretion the enforcement of this Act
would not be adversely affected by such a regulation. The Con-
Chapter 496 1329
troller is further authorized by regulation to exempt from the
quarterly reporting requirements of this section, and require in
such instances an annual affidavit of motor carriers licensed in
this State who perform substantially all of their travel in this
State provided the Controller is assured that a sufficient amount
of fuel is purchased in this State which is commensurate with
the motor carrier's operations on highways within this State.
§ 5209. Average consumption
In the absence of adequate records or other evidence satis-factory
to the Controller, showing the number of miles operated
by a motor carrier's motor vehicles per gallon of motor fuel, any
such motor vehicle shall be deemed to have consumed one gallon
of motor fuel for each five miles operated.
§ 5210. Records
Every motor carrier shall keep such records, in such form as
the Controller reasonably may prescribe, as will enable the car-rier
to report and enable the Controller to determine the total
number of over-the-road miles traveled by its entire fleet of motor
vehicles, the total number of over-the-road miles traveled in Dela-ware
by said entire fleet, the total number of gallons of motor
fuel used by said entire fleet and the total number of gallons of
motor fuel purchased in Delaware for said entire fleet. As used
in this section and in § 5207, "entire fleet" and "entire opera-tions"
shall mean those motor vehicles which use the highways of
Delaware at any time during the period covered by the quarterly
report and the operations of such vehicles respectively. All such
records shall be safely preserved for a period of three years in such
manner as to insure their security and availability for inspection
by the Controller or any authorized employee engaged in the ad-ministration
of this Act. Upon application in writing, stating the
reasons therefor, the Controller may, in his discretion, consent to
the destruction of any such records at any time within said period
if such records pertain to a period which has been audited by the
Controller.
§ 5211. Vehicle marker; fee
(a) The Controller shall provide an identification marker
and registration card to every motor vehicle operated within the
State of Delaware by the motor carrier. The identification mark-
1330 Chapter 496
er must be affixed to the vehicle in an easily visible position and
the registration card carried in the cab of the vehicle. The identi-fication
marker and registration card shall remain the property
of the State of Delaware and may be recalled for any violation
of the provisions of this Act, or of the regulations promulgated
thereunder. The Controller shall provide by regulation for the
registration of every such vehicle, for a fee of one dollar ($1.00)
each. Registration cards and identification markers shall be
issued on a twelve month basis effective April 1 of each year and
shall be valid through the next succeeding March 31, except that
any such registration cards and identification markers issued
prior to April 15, 1970, shall be valid through March 31, 1971.
The enforcement of this subsection shall not become effective
until April 15 of each year providing the motor carrier has the
previous year's identification card in the cab of his vehicles be-fore
entry into the State of Delaware. It shall be illegal to operate
or to cause to be operated in this State any motor vehicle defined
in § 5202 hereinabove, unless the vehicle bears the identification
marker required by this section; provided, however, the Con-troller
by regulation may exempt from the requirement for dis-playing
the said identification marker such vehicles as urban and
public transit vehicles or others if in his discretion they are clear-ly
identifiable and the effective enforcement of this Act will not
suffer thereby. In addition and for a period not exceeding twenty-five
days as to any one motor carrier the Controller by letter or
telegram may authorize the operation of a vehicle or vehicles
without the identification marker required when the enforce-ment
of this section for that period would cause undue delay and
hardship in the operation of the said vehicle or vehicles. The fee
for this authorization shall be five dollars ($5.00) for each motor
vehicle and conditions for the issuance of such authorization shall
be set for by regulations promulgated by the Controller.
(b) Any motor carrier, the -motor vehicles of which make
entries into this State totaling not more than four during a cal-endar
year may apply to the Controller for a flat fee permit, which
application shall be accompanied by a fee of five dollars ($5.00) .
Such permit shall be subject to such regulations as may be prom-ulgated
by the Controller, and shall be deemed to relieve the
motor carrier of the marker, registration, report, record and tax
payment requirements of this Act, for the calendar year specified
in such permit.
Chapter 496 1331
§ 5212. Imposition of tax
The taxes imposed on motor carriers by this Act, are in addi-tion
to any taxes of whatever character imposed on such carriers
by any other provision of law.
§ 5213. Enforcement
The Delaware State Police is hereby authorized and directed
to assist in the enforcement of the provisions of this subtitle.
§ 5214. Filing of bond; refund provisions
The Director may require a motor carrier to provide a
surety company bond, which at no time shall exceed the amount
of ten thousand dollars ($10,000.00) payable to the State of Dela-ware,
and conditioned that the carrier will pay all taxes due and
to become due under this Act from the date of the bond to the date
when either the carrier or the bonding company notifies the Con-troller
that the bond has been cancelled. The surety shall be a
corporation authorized to write surety bonds in Delaware. So
long as the bond remains in force the Controller may order re-funds
to the motor carrier in the amounts appearing to be due on
applications duly filed by the motor carrier under § 5204, without
first auditing the records of the carrier including the penalties
and interest provided in § 5218, even though the assessment is
made after cancellation of the bond, but only for taxes due and
payable while the bond was in force and penalties and interest on
said taxes.
§ 5215. False statements; penalties
Any person who wilfully and knowingly makes, publishes,
delivers or utters a false statement orally, or in writing, or in
the form of a receipt for the sale of motor fuel, for the purpose
of obtaining or attempting to obtain, or to assist any other person
to obtain or attempt to obtain a credit or refund or reduction of
liability for taxes under this Act, shall be guilty of a misde-meanor
and, upon conviction thereof, shall be sentenced to pay a
fine not exceeding five hundred dollars ($500.00) , or undergo
imprisonment for a term not exceeding one year, or both.
1332 Chapter 496
§ 5216. Departure or removal of property from State or discon-tinuing
business; arbitrary assessment
If the Controller ascertains that a person designs quickly to
depart from this State, or to remove therefrom his property, or
any property used by him in operations subject to this Act, or to
discontinue business, or to do any other act tending to prejudice
or render wholly or partially ineffectual proceedings to assess or
collect such tax, whereby it becomes important that such proceed-ings
be brought without delay, the Controller may immediately
make an arbitrary assessment of the amount of tax due, whether
or not any report is then due by law, and may proceed under such
arbitrary assessment to collect the tax, or compel security for the
same, and thereafter shall cause notice of such finding to be given
to such motor carrier, together with a demand for an immediate
report and immediate payment of such tax.
§ 5217. Failure to report or pay tax; penalty; interest
When any motor carrier fails to file a report within the time
prescribed by this Act for the filing thereof, he shall pay as a
penalty for each day thereafter, Saturdays, Sundays, and other
legal holidays excluded, until the report is filed, the sum of five
dollars ($5.00). In addition to the penalty herein imposed, any
unpaid tax shall bear interest at the rate of one per cent per
month or fraction thereof until the same is paid. The penalties
and interest charges herein imposed shall be paid to the Con-troller
in addition to the tax due. The Controller, if satisfied that
the failure to file the report or pay the tax was excusable, may
remit or waive the payment of the whole or part of any penalty
and such portion of the interest charge as is in excess of six per
cent per annum.
§ 5218. Time for payment of taxes, penalties and interest; addi-tional
penalty
All taxes, penalties and interest assessed pursuant to the
provisions of this Act, unless earlier payment is provided in this
Act, shall be paid within fifteen days after notice and demand
shall have been mailed to the carrier by the Controller. If such
taxes, penalties and interest so assessed pursuant to §5216, 5217
and 5218 shall not be paid within the said fifteen days, there
Chapter 496 1338
shall be added to the amount of assessment, in addition to interest
as already provided and any other penalties provided by law, a
sum equivalent to five per cent of the tax.
§ 5219. Manner of payment and recovery of penalties and in-terest;
debt of motor carrier; lien; preference
All penalties and interest when imposed under this Act,
shall be payable to and recoverable by the Controller in the same
manner as if they were part of the tax imposed.
The taxes, fees, interest and penalties imposed under
this Act, from the time the same shall be due, shall be a debt of a
motor carrier who does not maintain premises for the transaction
of business within Delaware, recoverable in the Superior Court
of the State of Delaware in an action in the name of the State.
Such debt, whether used upon or not, shall be a lien on all the
property of the debtor except as against an innocent purchaser
for value without notice thereof, and shall have priority both in
lien and distribution of the assets of the motor carrier, whether
in bankruptcy, insolvency or otherwise. The proceeds of any
judgment or order obtained hereunder shall be paid to the Con-troller.
The service of all papers in the action shall be upon the
Controller of the State, with a copy mailed, by certified mail, to
the last known address of the defendant.
Any tax determined to be due from any person who
maintains premises for the conduct of business in Delaware and
remaining unpaid after demand for the same, and all penalties
and interest thereon, shall be a lien in favor of the State upon the
property, both real and personal, of such person but only after
said lien has been entered and docketed of record by the Prothon-otary
of the county where such property is situated. The Con-troller
may at any time transmit to the Prothonotaries of the re-spective
counties certified copies of all liens for such taxes, pen-alties
and interest, and it shall be the duty of each Prothonotary
receiving the lien to enter and docket the same of record in his
office, which lien shall be indexed as judgments are now indexed.
A writ of execution may directly issue upon such lien, without
the issuance and prosecution to judgment of a writ of seire
facias : Provided, that no less than ten days before issuance of
any execution on the lien, notice of the filing and the effect of
1334 Chapter 496
the lien shall be sent by registered mail to the taxpayer at his last
known post office address. No Prothonotary shall require as a
condition precedent to the entry of such liens, the payment of any
costs incident thereto.
The lien imposed hereunder, shall have priority from
the date of its recording as aforesaid, and shall be fully paid and
satisfied out of the proceeds of any judicial sale of property sub-ject
thereto, before any other obligation, judgment, claim, lien or
estate to which said property may subsequently become subject,
except costs of the sale and of the writ upon which the sale was
made, and real estate taxes and municipal claims against such
property, but shall be subordinate to mortgages and other liens
existing and duly recorded or entered of record prior to the re-cording
of the tax lien. In the case of a judicial sale of property
subject to a lien imposed hereunder upon a lien or claim over
which the lien imposed hereunder has priority, as aforesaid, such
sale shall discharge the lien imposed hereunder to the extent only
that the proceeds are applied to its payment, and such lien shall
continue in full force and effect as to the balance remaining un-paid.
The lien imposed hereunder shall continue for five years
from the date of its entry of record, and may be renewed and con-tinued
in the manner now or hereafter provided for the renewal
of judgments.
§ 5220. Failure to pay tax; determination; redetermination;
review
If any person shall fail to pay any tax imposed by this
Act for which he is liable, the Controller is hereby authorized
and empowered to make a determination of additional tax and
interest due by such person based upon any information within
its possession or that shall come into its possession. All of such
determinations shall be made so that notice thereof shall reach
the parties against whom made within three years after the due
date of the tax.
Promptly after the date of such determination, the Con-troller
shall send, by certified mail, a copy thereof to the person
against whom it was made. Within ninety days after the date
upon which the copy of any such determination was mailed, such
Chapter 496 1335
person may file with the Controller a petition for redetermina-tion
of such taxes. Every petition for redetermination shall state
specifically the reasons which the petitioner believes entitles him
to such redetermination, and shall be supported by affirmation
that it is not made for the purpose of delay and that the facts set
forth therein are true. It shall be the duty of the Controller
within six months after the date of any determination to dispose
of any petition for redetermination. Notice of the action taken
upon any petition for redetermination shall be given to the peti-tioner
promptly after the date of redetermination by the Con-troller.
(c) Any person shall have the right to review by the Con-troller
and appeal to the Superior Court of the State of Delaware.
§ 5221. Penalties
Any person wilfully violating the provisions of this Act, not
covered by any other penalty provision contained in this Act,
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding five hundred dollars
($500.00) , or undergo imprisonment for a term not exceeding
one year, or both. If the person convicted is a corporation, any
imprisonment imposed shall be served by the responsible corpor-ate
officer.
§ 5222. Availability of records of other agencies
The records of any other State agency, board or commission
to the extent that the same may be pertinent to the administra-tion
and enforcement of this Act, and the determination of liabil-ity
thereunder, shall be available to the Controller.
§ 5221 Regulations; promulgation by Controller
The Director shall, from time to time, promulgate such regu-lations
as may be necessary for the effective enforcement of this
Act.
§ 5224. Exempt vehicles; carriers
Nothing in this Act shall apply to any vehicle operated by
or on behalf of any department, board, bureau or commission of
this State, or any political subdivision thereof, or any quasi-
1336 Chapter 496
governmental authority of which this State is a participating
member, or any agency of the Federal government or the Dis-trict
of Columbia, or of any state or any political subdivision
thereof which grants similar exemption to publicly owned vehic-les
registered in this State. Nor shall the provisions of this Act
apply to any school bus operated by, for, or on behalf of this
State, any political subdivision thereof, or any private or pri-vately
operated school.
§ 5225. Exemption; reciprocal agreements
The Provisions of this Act shall not apply to motor vehicles
bearing the registration plates of any other state which does not
impose a tax, license or fee upon motor vehicles bearing valid
registration plates of this State. The Controller is authorized to
make reciprocal agreements with the proper officials of any other
state imposing any such tax, license or fee, providing for the
reduction or relief from the tax imposed by this Act, upon motor
vehicles bearing valid registration plates of such other state, in
exchange for the reduction or relief from the tax, license or fee
imposed by such other state upon motor vehicles bearing valid
registration plates of this State.
Nothing in this section (5225) shall be construed to exempt
any vehicle having more than two axles and which is propelled
by motor fuel and operated or intended to be operated upon the
highways of the State of Delaware from section 5211 as this
section pertains to a vehicle marker and fee.
Section 2. The provisions of this Act shall not apply to any
motor carrier owning or operating not more than one motor
vehicle for its own use and not for hire.
Section 3. This Act shall take effect July 1, 1970.
Approved June 3, 1970.
CHAPTER 497
AN ACT MAKING A SUPPLEMENTARY APPROPRIATION
TO THE STATE HIGHWAY DEPARTMENT FOR AD-MINISTRATION
OF THE MOTOR CARRIER FUEL PUR-CHASE
LAW.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The sum of $28,918 is appropriated to the State
Highway Department for use in the administration of the Motor
Carrier Fuel Purchase Law, to be expended as follows :
J.337
Section 2. This Act is a supplementary appropriation and
the money appropriated shall be paid by the State Treasurer out
of funds in the General Fund of the State of Delaware not other-wise
appropriated.
--1
Salary of the Administrator $11,520
Salary of one auditor 7,740
Salary of one clerk stenographer 4,308
Total Salaries $23,568 $23,568
Travel $ 2,000
Supplies 4,750
Contractual services 3,000
Total $ 9,750 9,750
Initial cost of one motor vehicle $ 2,000
Furniture 600
Office machines 1,000
Office supplies 1,000
Total $ 4,600 4,600
TOTAL-- $37,918
Less salary of present Director 9,000
GRAND TOTAL-- $28,918
1338 Chapter 497
Section 3. Any money appropriated herein and unexpended
shall revert to the General Fund of the State of Delaware on June
30, 1971.
Approved June 3, 1970.
CHAPTER 498
AN ACT TO AMEND TITLE 25, CHAPTER 27, DELAWARE
CODE, RELATING TO MECHANICS' LIENS AGAINST
AN OWNER WHO PAYS THE CONTRACTOR FOR AL-TERATIONS
OR REPAIRS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Title 25, Chapter 27, Delaware Code, by
adding a new section 2707 to read as follows :
§ 2707. Payment of contractor by owner of land for alterations
or repairs to said owner's residence as a defense
No lien shall be obtained under the provisions of this chapter
upon the land and/or structure of any owner which is used solely
as a residence of said owner, when the owner has made full pay-ment
to the contractor, in good faith, with whom he contracted
for the alteration or repair thereof; provided, however, that if
the said owner has not made full payment, in good faith, to such
contractor, the lien may be obtained in accordance with the pro-visions
of this chapter, but it shall be a lien only to the extent of
the balance of the payment due such contractor, which balance
shall be payable prorata among the claimants who perfect liens.
Payments made to the contractor by the owner after service of
process as provided in Section 2715 of this chapter shall not be
deemed to be "in good faith".
Approved June 3, 1970.
1339
1340
CHAPTER 499
AN ACT TO AMEND TITLE 6, DELAWARE CODE, RELAT-ING
TO DAMAGES AWARDED TO VICTIMS OF DE-CEPTIVE
TRADE PRACTICES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 2533 (c), Title 6, Delaware Code, is amended
by adding thereto a new sentence to read as follows :
If damages are awarded to the aggrieved party under the
common law or other statutes of this State, such damages award-ed
shall be treble the amount of the actual damages proved.
Approved June 3, 1970.
1341
CHAPTER 500
AN ACT TO AMEND CHAPTER 87, TITLE 3, DELAWARE
CODE, RELATING TO MEAT AND POULTRY PROD-UCTS
INSPECTION.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 87, Title 3, Delaware Code, is repealed
and a new Chapter 87, Title 3, Delaware Code, is substituted
therefor as follows :
CHAPTER 87
MEAT AND POULTRY PRODUCTS INSPECTION
§ 8701. Short title
This Chapter may be cited as the "Meat and Poultry Prod-ucts
Inspection Act".
§ 8702. Enforcing Agency
This Chapter shall be administered by the State Department
of Agriculture herein-after referred to as the "Department".
§ 8703. Definitions of words and terms
When used in this Chapter :
The term "Secretary" means the Secretary of Agricul-ture
or his delegate.
The term "person" includes any individual, partnership,
corporation, association, or other business unit, and any officer,
agent or employee thereof.
The term "broker" means any person engaged in the
business of buying or selling livestock products or poultry prod-ucts
on commission, or otherwise negotiating purchases or sales
of such articles other than for his own account or as an employee
of another person.
1342 Chapter 500
The term "renderer" means any person engaged in the
business of rendering livestock or poultry carcasses, or parts
or products of such carcasses, except rendering conducted under
inspection or exemption under this Chapter.
The term "animal food manufacturer" means any per-son
engaged in the business of preparing animal (including poul-try)
food derived wholly or in part from livestock or poultry car-casses
or parts or products of such carcasses.
The term "intrastate commerce" means commerce with-in
this State.
The term "livestock" means any cattle, sheep, swine,
goats, horses, mules or other equines, whether live or dead.
The term "livestock product" means any carcass, part
thereof, meat, or meat food product of any livestock.
The term "meat food product" means any product
capable of use as human food which is made wholly or in part
from any meat or other portion of the carcass of any cattle, sheep,
swine, or goats, excepting products which contain meat or other
portions of such carcasses only in a relatively small propor-tion
or historically have not been considered by consumers as
products of the meat food industry, and which are exempted from
definition as a meat food product by the Secretary under such
conditions as he may prescribe to assure that the meat or other
portions of such carcass contained in such product are not adul-terated
and that such products are not represented as meat food
products. This term as applied to food products of equines shall
have a meaning comparable to that provided in this paragraph
with respect to cattle, sheep, swine, and goats.
The term "poultry" means any domesticated bird,
whether live or dead.
The term "poultry product" means any poultry carcass
or part thereof; or any product which is made wholly or in part
from any poultry carcass or part thereof, excepting products
which contain poultry ingredients only in a relatively small pro-portion
or historically have not been considered by consumers as
products of the poultry food industry, and which are exempted by
the Secretary from definition as a poultry product under such
Chapter 500 1343
conditions as he may prescribe to assure that the poultry ingredi-ents
in such products are not adultered and that such products
are not represented as poultry products.
(1) The term "capable of use as human food" shall apply to
any livestock or poultry carcass, or part or product of any such
carcass, unless it is denatured or otherwise identified as required
by regulations prescribed by the Secretary to deter its use as
human food, or it is naturally inedible by humans.
The term "prepared" means slaughtered, canned, salt-ed,
stuffed, rendered, boned, cut up, or otherwise manufactured
or processed.
The term "adultered" shall apply to any livestock prod-uct
or poultry product under one or more of the following circum-stances:
If it bears or contains any poisonous or deleterious sub-stance
which may render it injurious to health ; but in case the
substance is not an added substance, such article shall not be con-sidered
adultered under this clause if the quantity of such sub-stance
in or on such article does not ordinarily render it injurious
to health ;
(a) If it bears or contains (by reason of administra-tion
of any substance to the livestock or poultry or otherwise) any
added poisonous or added deleterious substance (other than one
which is (i) a pesticide chemical in or on a raw agricultural com-modity;
(ii) a food additive ; or (iii) a color additive) which may,
in the judgment of the Secretary, make such article unfit for
human food ;
if it is, in whole or in part, a raw agricultural com-modity
and such commodity bears or contains a pesticide chemi-cal
which is unsafe within the meaning of Section 408 of the Fed-eral
Food, Drug, and Cosmetic Act ;
if it bears or contains any food additive which is unsafe
within the meaning of Section 409 of the Federal Food, Drug, and
Cosmetic Act;
if it bears or contains any color additive which is un-safe
within the meaning of Section 706 of the Federal Food,
Drug, and Cosmetic Act : Provided, that an article which is not
1344 Chapter 500
otherwise deemed adultered under clause (b), (c), or (d) shall
nevertheless be deemed adulterated if use of the pesticide chemi-cal,
food additive, or color additive in or on such article is pro-hibited
by regulations of the Secretary in official establishments ;
if it consists in whole or in part of any filthy, putrid or
decomposed substance or is for any other reason unsound, un-healthful,
unwholesome, or otherwise unfit for human food ;
if it has been prepared, packed, or held under insani-tary
conditions whereby it may have become contaminated with
filth, or whereby it may have been rendered injurious to health ;
if it is, in whole or in part, the product of an animal
(including poultry) which has died otherwise than by slaughter ;
if its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the con-tents
injurious to health;
if it has been intentionally subjected to radiation, unless
the use of the radiation was in conformity with a regulation or
exemption in effect pursuant to Section 409 of the Federal Food,
Drug, and Cosmetic Act;
if any valuable constituent has been in whole or in part
omitted or abstracted therefrom ; or if any substance has been
substituted, wholly or in part therefor ; or if damage or inferior-ity
has been concealed in any manner ; or if any substance has
been added thereto or mixed or packed therewith so as to increase
its bulk or weight, or reduce its quality or strength, or make it
appear better or of greater value than it is; or
if it is margarine containing animal fat and any of the
raw material used therein consisted in whole or in part of any
filthy, putrid, or decomposed substance.
(o) The term "misbranded" shall apply to any livestock
product or poultry product under one or more of the following
circumstances :
if its labeling is false or misleading in any particular ;
if it is offered for sale under the name of another food ;
Chapter 500 1345
if it is an imitation of another food, unless its label
bears, in type of uniform size and prominence, the word "imita-tion"
and immediately thereafter, the name of the food imitated ;
if its container is so made, formed, or filled as to be mis-leading;
unless it bears a label showing (A) the name and
place of business of the manufacturer, packer, or distributor;
and (B) an accurate statement of the quantity of the product in
terms of weight, measure, or numerical count; provided, That
under this subparagraph (5), exemptions as to livestock products
not in containers may be established by regulations prescribed
by the Secretary and provided, further, that under clause (b) of
this subparagraph (5) , reasonable variations may be permitted,
and exemptions as to small packages may be established for live-stock
products or poultry products by regulations prescribed by
the Secretary;
if any word, statement, or other information required
by or under authority of this Chapter to appear on the label or
other labeling is not prominently placed thereon with such con-spicuousness
(as compared with other words, statements, de-signs,
or devices, in the labeling) and in such terms as to render it
likely to be read and understood by the ordinary individual under
customary conditions of purchase and use ;
if it purports to be or is represented as a food for which
a definition and standard of identity of composition has been pre-scribed
by the regulations of the Secretary under Section 8706
of this Chapter unless (A) it conforms to such definition and
standard, and (B) its label bears the name of the food specified
in the definition and standard and, insofar as may be required
by such regulations, the common names of optional ingredients
(other than spices, flavoring, and coloring) present in such food ;
if it purports to be or is represented as a food for which
a standard or standards of fill of container have been prescribed
by regulations of the Secretary under Section 8706 of this Chap-ter,
and it falls below the standard of fill of container applicable
thereto, unless its label bears, in such manner and form as such
regulations specify, a statement that it falls below such standard ;
1346 Chapter 500
if it is not subject to the provisions of subparagraph
(7) , unless its label bears (A) the common or usual name of the
food, if any there be, and (B) in case it is fabricated from two
or more ingredients, the common or usual name of each such in-gredient;
except that spices, flavorings, and colorings may, when
authorized by the Secretary, be designated as spices, flavorings,
and colorings without naming each : Provided, That, to the extent
that compliance with the requirements of clause (B) of this sub-paragraph
(9) is impracticable, or results in deception or un-fair
competition, exemptions shall be established by regulations
promulgated by the Secretary;
if it purports to be or is represented for special dietary
uses, unless its label bears such information concerning its vita-min,
mineral, and other dietary properties as the Secretary after
consultation with the Secretary of Agriculture of the United
States, determines to be, and by regulations prescribes as, nec-essary
in order fully to inform purchases as to its value for such
uses ;
if it bears or contains any artificial flavoring, artifi-cial
coloring, or chemical preservative, unless it bears labeling
stating that fact: Provided, That to the extent that compliance
with the requirements of this subparagraph (11) is impractic-able,
exemptions shall be established by regulations promulgated
by the Secretary ; or
if it fails to bear, directly thereon and on its con-tainers,
as the Secretary may by regulations prescribe, the offi-cial
inspection legend and established number of the establish-ment
where the product was prepared and, unrestricted by any of
the foregoing, such other information as the Secretary may re-quire
in such regulations to assure that it will not have false or
misleading labeling and that the public will be informed of the
manner of handling required to maintain the article in a whole-some
condition.
The term "label" includes display of written, printed,
or graphic matter upon any article or the immediate container
(not including package liners) of any article.
The term "labeling" includes all labels and other written
printed, or graphic matter (1) upon any article or any of its con-tainers
or wrappers, or (2) accompanying such article.
Chapter 500 1347
The term "container" or "package" includes any box,
can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
The term "shipping container" include any container
used or intended for use in packaging the product packed in an
immediate container.
The term "immediate container" includes any consumer
package; or any other container in which livestock products or
poultry products, not consumer package, are packed.
The term "Federal Meat Inspection Act" means the Act
so entitled approved March 4, 1907 (34 stat. 1960), as amended
by the Wholesome Meat Act (81 Stat. 584) ; the term "Federal
Poultry Products Inspection Act" means the Act so entitled ap-proved
August 28, 1957 (71 Stat. 441) , as amended by the Whole-some
Poultry Products Act (82 Stat. 791) ; and the term "Fed-eral
Acts" mean these two Federal laws.
The term "Federal Food, Drug, and Cosmetic Act"
means the Act so entitled, approved June 25, 1938 (52 Stat.
1040) , and Acts amendatory thereof or supplementary thereto.
The term "pesticide chemical", "food additive", "color
additive", and "raw agricultural commodity" shall have the same
meanings for purposes of this Act as under the Federal Food,
Drug, and Cosmetic Act.
The term "official mark" means the official inspection
legend or any other symbol prescribed by regulations of the Sec-retary
to identify the status of any article or livestock or poultry
under this Chapter.
The term "official inspection legend" means any sym-bol
prescribed by regulations of the Secretary showing that an
article was inspected and passed in accordance with this Chapter.
The term "official certificate" means any certificate
prescribed by regulations of the Secretary for issuance by an in-spector
or other person performing official functions under this
Chapter.
(aa) The term "official device" means any device prescribed
or authorized by the Secretary for use in applying any official
mark.
1348 Chapter 500
(bb) The term "official establishment" means any establish-ment
as determined by the Secretary at which inspection of the
slaughter of livestock or poultry or the preparation of livestock
products or poultry products is maintained under the authority
of this Chapter.
(cc) The term "inspector" means an employee or official of
the Department authorized by the Secretary or any employee or
official of the government of any county or other governmental
subdivision of this State, authorized by the Secretary to perform
any inspection functions under this Chapter under an agreement
between the Secretary and such governmental subdivision.
(dd) The term "reinspection" includes inspection of the
preparation of livestock products and poultry products, as well as
re-examination of articles previously inspected.
§ 8704. Purpose
It is the objective of this Chapter to provide for meat and
poultry products inspection programs that will impose and en-force
requirements with respect to intrastate operations and com-merce
that are at least equal to those imposed and enforced under
the Federal Meat Inspection Act and the Federal Poultry Prod-ucts
Inspection Act with respect to operations and transactions
in interstate commerce; and the Secretary is directed to admin-ister
this Chapter so as to accomplish this purpose. The Depart-ment
is designated as the appropriate State agency to cooperate
with the Secretary of Agriculture of the United States in admin-istration
of this Chapter.
§ 8705. Powers of Secretary
In order to accomplish the objective stated in Section 8704,
the Secretary shall :
(a) by regulations require ante mortem and post mortem in-spections
quarantine, segregation and reinspection with respect
to the slaughter of livestock and poultry and the preparation of
livestock products and poultry products at all establishments in
this State, except those exempted by him under Section 8706 (m)
of this Chapter, at which livestock or poultry are slaughtered or
livestock products or poultry products are prepared for human
food solely for distribution in intrastate commerce;
Chapter 500 1349
by regulations require the identification of livestock and
poultry for inspection purposes and the marking and labeling of
livestock products or poultry products or their containers, or
both, as "Delaware Inspected and Passed" if the products are
found upon inspection to be not adultered and as "Delaware In-spected
and Condemned" if they are found upon inspection to be
adulterated, and the destruction for food purposes of all such con-demned
products under the supervision of an inspector;
prohibit the entry into official establishments of live-stock
products and poultry products not prepared under Federal
inspection or inspection pursuant to this Chapter and further
limit the entry of such articles and other materials into such es-tablishments
under such conditions as he deems necessary to ef-fectuate
the purposes of this Chapter ;
by regulations require that when livestock products and
poultry products leave official establishments they shall bear
directly thereon or on their containers, or both, as he may require,
all information required under Section 8703 (o) of this Chapter,
and require approval of all labeling and containers to be used for
such products when sold or transported in intrastate commerce to
assure that they comply with the requirements of this Chapter ;
investigate the sanitary conditions of each establish-ment
within Section 8705 (a) of this Chapter and withdraw or
otherwise refuse to provide inspection service at any such estab-lishment
where the sanitary conditions are such as to render
adultered any livestock products or poultry products prepared
or handled thereat ;
prescribe relating to sanitation for all establishments
required to have inspection under Section 8705 (a)
by regulations require that the following classes of per-sons
shall keep such records and for such periods as are specified
in the regulations to fully and correctly disclose all transactions
involved in their business, and afford to the Secretary and his
representatives (including representatives of other governmental
agencies designated by him) access to such places of business, and
opportunity, at all reasonable times, to examine the facilities,
inventory and records thereof, to copy the records, and to take
reasonable samples of the inventory upon payment of the fair
market value therefor ; any persons that engage in or for intra-
1350 Chapter 500
state commerce (1) in the business of slaughtering any livestock
or poultry, or preparing, freezing, packaging or labeling, buying
or selling (as brokers, wholesalers or otherwise) , transporting,
or storing any livestock products or poultry products for human
or animal food ; or (2) in business as renderers or in the business
of buying, selling or transporting any dead, dying disabled or
diseased livestock or poultry or parts of the carcasses of any
such animals (including poultry) that died otherwise than by
slaughter.
§ 8706. Additional powers of Secretary
In order to accomplish the objective stated in Section 8704
the Secretary may;
remove inspectors from any establishment that fails to
destroy condemned products as required under Section 8705 (b)
of this Chapter ;
refuse to provide inspection service under this Chapter
with respect to any establishment for causes specified in Section
401 of the Federal Meat Inspection Act or Section 18 of the Fed-eral
Poultry Products Inspection Act;
order labeling and containers to be withheld from use
if he determines that the labeling is false or misleading or the
containers are of a misleading size or form ;
by regulations, prescribe the sizes and style of type to be
used for labeling information required under this Chapter, and
definitions and standards of identity or composition or standards
of fill of container, consistent with Federal standards, when he
deems such action appropriate for the protection of the public and
after consultation with the Secretary of Agriculture of the United
State ;
by regulations prescribe conditions of storage and hand-ling
of livestock products and poultry products by persons en-gaged
in the business of buying, selling, freezing, storing, or
transporting such articles in or for intrastate commerce to as-sure
that such articles will not be adulterated or misbranded
when delivered to the consumer ;
Chapter 600 1351
require that equines be slaughtered and prepared in
establishments separate from establishments where other live-stock
are slaughtered or their products are prepared ;
by regulations require that every person engaged in
business in or for intrastate commerce as a broker, renderer, ani-mal
food manufacturer, or wholesaler or public warehouseman of
livestock products or poultry products, or engaged in the business
of buying, selling or transporting in intrastate commerce, any
dead, dying, disabled or diseased livestock or poultry or parts of
the carcasses of any such animals (including poultry) that died
otherwise than by slaughter shall register with the Secretary his
name and the address of each place of business at which and all
trade names under which he conducts such business;
adopt by reference or otherwise such provisions of the
rules and regulations under the Federal acts (with such changes
therein as he deems appropriate to make them applicable to
operations and transactions subject to this Chapter) which shall
have the same force and effect as if promulgated under this
Chapter, and promulgate such other rules and regulations as he
deems necessary for the efficient execution of the provisions of
this Chapter, including rules of practice providing opportunity
for hearing in connection with issuance of orders under Section
8706 (e) or Section 8706 (a), (b), or (c) of this Chapter and
prescribing procedure for proceedings in such cases; Provided,
That this shall not preclude a requirement that a label or con-tainer
be withheld from use, or a refusal of inspection, under
Section 8705 (e) or Section 8706 (a) or (c) pending issuance of a
final order in any such proceeding;
appoint and prescribe the duties of such inspectors and
other personnel as he deems necessary for the efficient execution
of the provisions of this Chapter;
Cooperate with the Secretary of Agriculture of the
United States in administration of this Chapter to effectuate the
purposes stated in Section 8704 of this Chapter ;
recommend to the Secretary of Agriculture of the
United States for appointment to the advisory committees pro-vided
for in the Federal Acts, such officials or employees of the
Department as the Secretary shall designate ;
1352 Chapter 500
(1) serve as the representative of the Governor for consul-tation
with said Secretary under paragraph (c) of Section 301 of
the Federal Meat Inspection Act and paragraph (c) of Section 5
of the Federal Poultry Products Inspection Act unless the Gov-ernor
selects another representative;
exempt the operations of any person from inspection
or other requirements of this Chapter if and to the extent such
operations would be exempt from the corresponding require-ments
under the Federal Meat Inspection Act or the Federal
Poultry Products Inspection Act if they were conducted in or for
interstate commerce or if the State were designated under the
Federal Acts as one in which the Federal requirements apply to
intrastate commerce.
the Secretary may exempt the following types of oper-ations
from inspection ; (1) Slaughtering and preparation by any
person of livestock and poultry of his own raising exclusively for
use by him and members of his household, and his non-paying
guests and employees, and (2) any other operations which the
Secretary may determine would best be exempted to further the
purposes of this Chapter, to the extent such exemptions conform
to the Federal Meat Inspection Act and the Federal Poultry Prod-ucts
Inspection Act and the regulations thereunder.
§ 8707. Prohibited acts
(a) No person shall, with respect to any livestock or poultry
or any livestock products or poultry products :
slaughter any such animals or prepare any such articles
which are capable of use as human food, at any establishment pre-paring
such articles solely for intrastate commerce, except in
compliance with the requirements of this Chapter ;
sell, transport, offer for sale or transportation, or re-ceive
for transportation, in intrastate commerce, any such arti-cles
which (A) are capable of use as human food, and (B) are
adulterated or misbranded at the time of such sale, transporta-tion,
offer for sale or transportation, or receipt for transpor-tation;
or any articles required to be inspected under this Chapter
unless they have been so inspected and passed ; or
Chapter 500 1353
(3) do, with respect to any such articles which are capable
of use as human food, any act while they are being transported
in intrastate commerce or held for sale after such transportation,
which is intended to cause or has the effect of causing such arti-cles
to be adultered or misbranded.
No person shall sell, transport, offer for sale or
transportation, or receive for transportation, in intrastate com-merce,
or from an official establishment, any slaughtered poultry
from which the blood, feathers, feet, head, or viscera have not
been removed in accordance with regulations promulgated by the
Secretary except as may be authorized by such regulations.
No person shall violate any provision of the regulations
or orders of the Secretary under Section 8705 or Section 8706
of this Chapter.
§ 8708. Additional prohibited acts
No brand manufacturer, printer, or other person shall
cast, print, lithograph, or otherwise make any device containing
any official mark or simulation thereof, or any label bearing any
such mark or simulation, or any form of official certificate or
simulation thereof, except as authorized by the Secretary.
No person shall :
forge any official device, mark, or certificate;
without authorization from the Secretary use any
official device, mark, or certificate, or simulation thereof, or
alter, detach, deface, or destroy any official device, mark, or
certificate;
contrary to the regulations prescribed by the Secretary,
fail to use, or to detach, deface, or destroy any official device,
mark, or certificate;
knowingly possess, without promptly notifying the
Secretary or his representative, any official device or any coun-terfeit,
simulated, forged, or improperly altered official certifi-cate
or any device or label or any carcass of any animal (includ-ing
poultry), or part or product thereof, bearing any counterfeit,
simulated, forged, or improperly altered official mark;
1354 Chapter 500
knowingly make any false statement in any shipper's
certificate or other nonofficial or official certificate provided for
in the regulations prescribed by the Secretary; or
knowingly represent that any article has been inspected
and passed, or exempted, under this Chapter when, in fact, it has
respectively, not been so inspected and passed, or exempted.
§ 8709. Offenses
No person shall sell, transport, offer for sale or trans-portation,
or receive for transportation, in intrastate commerce,
any carcasses of horses, mules, or other equines or parts of such
carcasses, or the meat or meat food products thereof, unless they
are plainly and conspicuously marked or labeled or otherwise
identified as required by regulations prescribed by the Secretary
to show the kinds of animals from which they were derived.
No person shall buy, sell, transport, or offer for sale or
transportation, or received for transportation, in intrastate com-merce,
any livestock products or poultry products which are not
intended for use as human food unless they are denatured or
otherwise identified as required by the regulations of the Secre-tary
or are naturally inedible by humans.
No person engaged in the business of buying, selling, or
transporting in intrastate commerce, dead, dying, disabled, or
diseased animals, or any parts of the carcasses of any animals
that died otherwise than by slaughter, shall buy, sell, transport,
offer for sale or transportation, or receive for transportation, in
such commerce, any dead, dying, disabled, or diseased livestock or
poultry or the products of any such animals that died otherwise
than by slaughter, unless such transaction or transportation, is
made in accordance with such regulations as the Secretary may
prescribe to assure that such animals, or the unwholesome parts
of products thereof, will be prevented from being used for human
food purposes.
§ 8710. Offenses; penalties
(a) Any person that shall give, pay, or offer, directly or
indirectly, to any officer or employee of this State authorized to
perform any of the duties prescribed by this Chapter or by the
regulations of the Secretary, any money or other thing of value,
Chapter 500 1355
with intent to influence said officer or employee in the discharge
of any such duty, shall be deemed guilty of a felony and, upon
conviction thereof, shall be punished by a fine not less than five
thousand dollars nor more than ten thousand dollars and by im-prisonment
not less than one year nor More than three years; and
any officer or employee of this State authorized to perform any
of the duties prescribed by this Chapter who shall accept any
money, gift, or other thing of value from any person, given with
intent to influence his official action, or who shall receive or
accept from any person engaged in intrastate commerce any gift,
money, or other thing of value given with any purpose or intent
whatsoever, shall be deemed guilty of a felony and shall, upon
conviction thereof, be summarily discharged from office and shall
be punished by a fine not less than $1,000 nor more than $10,000
and by imprisonment not less than one year nor more than three
years.
(b) Any person that forcibly assaults, resists, opposes, im-pedes,
intimidates, or interferes with any person while engaged
in or on account of the performance of his official duties under
this Chapter shall be fined not more than $5,000 or imprisoned
not more than three years, or both.
§ 8711. Inspection; exception
Inspection shall not be provided under this Chapter at any
establishment for the slaughter of livestock or poultry or the
preparation of any livestock products or poultry products which
are not intended for use as human food, but such articles shall,
prior to their offer for sale or transportation in intrastate com-merce,
unless naturally inedible by humans, be denatured or
otherwise identified as prescribed by regulations of the Secretary
to deter their use for human food.
§ 8712. Inspection and seal
No inspection of products placed in any container at any
official establishment shall be deemed to be complete until the
products are sealed or enclosed therein under the supervision of
an inspector.
For purposes of any inspection of products required by
this Chapter, inspectors authorized by the Secretary shall have
1356 Chapter 500
access at all times, by day or night, to every part of every estab
lishment required to have inspection under this Chapter, whether
the establishment is operated or not.
§ 8713. Detention of certain goods, products or animals
Whenever any livestock product or poultry product or any
product exempted from the definition of a livestock product and
from the definition of a poultry product, or any dead, dying, dis-abled,
or diseased livestock or poultry, is found by any authorized
representative of the Secretary upon any premises where it is
held for purposes of, or during or after distribution in, or is
otherwise subject to the Intrastate Commerce Act, and there Li
reason to believe that any such article is adulterated or mis-branded
and is capable of use as human food, or that it has not
been inspected, in violation of the provisions of this Chapter or
of the Federal Meat Inspection Act or the Federal Poultry Prod-ucts
Inspection Act or the Federal Food, Drug and Cosmetic Act,
or that such article or animal has been or is intended to be, dis
tributed in violation of any such provisions, it may be detained by
such representative for a period not to exceed twenty days, pend-ing
action under Section 8714 of this Chapter or notification of
any Federal authorities having jurisdiction over such article or
animal, and shall not be moved by any person from the place at
which it is located when so detained, until released by such repre-sentative.
All official marks may be required by such representa-tive
to be removed from such article or animal before it is re-leased
unless it appears to the satisfaction of the Secretary that
the article or animal is eligible to retain such marks.
§ 8714. Forfeiture of certain goods, products or animals
(a) Any livestock product or poultry product or any dead,
dying, disabled, or diseased livestock or poultry that is being
transported in intrastate commerce or is otherwise subject to the
Chapter, or is held for sale in this State after such transpor-tation,
and that (1) is or has been prepared, sold, transported, or
otherwise distributed or offered or received for distribution in
violation of this Chapter, or (2) is capable of use as human food
and is adulterated or misbranded, or (3) in any other way is in
violation of this Chapter shall be liable to be proceeded against
and seized and forfeited at any time, as provided herein.
Chapter 500 1357
(b) Any property subject to forfeiture under this Chapter
may be seized by the Department upon process issued by the Su-perior
Court except that seizure without such process may be
made when
The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative inspec-tion
warrant;
The property subject to seizure has been the subject of a
prior judgment in favor of the State in an injunction or for-feiture
proceeding under this Chapter;
The Department has probable cause to believe that the
property is directly or indirectly dangerous to health or safety;
Or,
The Department has probable cause to believe that the
property has been used or intended to be used in violation of this
Chapter. In the event of seizure pursuant to paragraphs (3) and
(4) of this subsection, proceedings under subsection (d) of this
section shall be instituted promptly.
(c) Property taken or detained under this section shall not
be repleviable, but shall be deemed to be in the custody of the
Department subject only to the orders and decrees of the court
or the official having jurisdiction thereof. Whenever property
is seized under the provisions of this Chapter, the Department
may :
Place the property under seal ;
Remove the property to a place designated by it ; or,
Take custody of the property and remove it to an appro-priate
location for disposition in accordance with law.
(d) Whenever property is forfeited under this Chapter, the
Department may
Retain the property for official use;
Sell any forfeited property which is not required to be
destroyed by law and which is not harmful to the public, provided
that the proceeds be disposed of for payment of all proper ex-penses
of the proceedings for forfeiture and sale including ex-
1358 Chapter 500
penses of seizure, maintenance of custody, advertising and court
costs. Any remaining proceeds shall be deposited in the General
Fund.
(3) Take custody of the property and remove it for dis-position
in accordance with law ; or
The article or animal shall not be sold contrary to the
provisions of this Chapter, or the Federal Meat Inspection Act or
the Federal Poultry Products Inspection Act, or the Federal
Food, Drug and Cosmetic Act : Provided, That upon the execu-tion
and delivery of a good and sufficient bond conditioned that
the article or animal shall not be sold or otherwise disposed of
contrary to the provisions of this Chapter, or the laws of the
United States, the court may direct that such article or animal be
delivered to the owner thereof subject to such supervision by au-thorized
representatives of the Secretary as is necessary to insure
compliance with the applicable laws. When a decree of forfeiture
is entered against the article or animal and it is released under
bond, or destroyed, court costs and fees, and storage and other
proper expenses shall be awarded against the person, if any,
intervening as claimant of the article or animal.
The provision of this section shall in no way derogate
from authority for condemnation, forfeiture, or seizure conferred
by other provisions of this Chapter, or other laws.
§ 8715. Appeal and jurisdiction
Any order issued under Section 8705 (e) or Section
8706 (a), (b) , or (c) of this Chapter shall be final unless ap-pealed
to the Superior Court within 15 days after service. Review
of any such order and the determinations upon which it is based
shall be upon the record in the administrative proceeding in
which the order was issued.
The Superior Court is vested with jurisdiction specific-ally
to enforce the provisions of the Chapter, and shall have juris-diction
in all other kinds of cases arising under this Chapter (ex-cept
as otherwise provided in this section) .
The Court of Chancery shall have jurisdiction to pre-vent
and restrain violations of this Chapter.
Chapter 500 1359
(d) All proceedings for the enforcement, or to restrain vio-lations,
of this Chapter shall be by and in the name of this State.
Subpoenas for witnesses who are required to attend a court in any
county may run into any other county in such proceeding.
§ 8716. Penalties generally
Any person that violates any provisions of this Chapter
for which no other criminal penalty is provided by this Chapter
shall, upon conviction, be subject to imprisonment for not more
than one year, or a fine of not more than $1,000, or both ; but if
such violation involves intent to defraud, or any distribution or
attempted distribution of an article that is adulterated (except
as defined in Section 8703 (n) (8) of this Chapter) such person
shall be subject to imprisonment for not more than three years or
a fine of not more than $10,000, or both.
Nothing in this Chapter shall be construed as requiring
the Secretary to report for prosecution or for the institution of
forfeiture or injunction proceedings, minor violations of this
Chapter whenever he believes that the public interest will be ade-quately
served by a suitable written notice or warning.
§ 8717. Powers of Secretary; investigation; record keeping
(a) The Secretary shall also have power :
To gather and compile information concerning and, to
investigate from time to time the organization, business, conduct,
practices, and management of any person engaged in intrastate
commerce, and the relation thereof to other persons ;
To require, by general or special orders, persons en-gaged
in intrastate commerce, or any class of them, or any of
them, to file with the Secretary in such form as the Secretary
may prescribe, annual or special, or both annual and special, re-ports
or answers in writing to specific questions, furnishing to
the Secretary such information as he may require as to the organ-ization,
business, conduct, practices, management, and relation
to other persons, of the person filing such reports or answers in
writing. Such reports and answers shall be made under oath, or
otherwise, as the Secretary may prescribe, and shall be filed with
1360 Chapter 500
the Secretary within such reasonable period as the Secretary may
prescribe, unless additional time be granted in any case by the
Secretary.
(b) (1) For the purpose of this Chapter the Secretary shall
at all reasonable times have access to, for the purpose of examina-tion,
and the right to copy any documentary evidence of any per-son
being investigated or proceeded against, and may require by
subpoena the attendance and testimony of witnesses and the pro-duction
of all documentary evidence of any person relating to any
matter under investigation. The Secretary may sign subpoenas
and may administer oaths and affirmations, examine witnesses,
and receive evidence.
Such attendance of witnesses, and the production of
such documentary evidence, may be required at any designated
place of hearing. In case of disobedience to the subpoena the Sec-retary
may invoke the aid of any court designated in Section 8715
of this Chapter in requiring the attendance and testimony of wit-nesses
and the production of documentary evidence.
Any of the courts designated in Section 8715 of this
Chapter within the jurisdiction of which such inquiry is carried
on may, in case of contumacy or refusal to obey a subpoena issued
to any person, issue an order requiring such person to appear be-fore
the Secretary or to produce documentary evidence if so ord-ered,
or to give evidence touching the matter in question ; and any
failure to obey such order of the court may be punished by such
court as a contempt thereof.
Upon the application of the Attorney General of this
State at the request of the Secretary, the Superior Court shall
have jurisdiction to issue writs of mandamus commanding any
person to comply with the provisions of this Chapter or any
order of the Secretary made in pursuance thereof.
The Secretary may order testimony to be taken by
deposition in any proceeding or investigation pending under this
Chapter at any stake of such proceeding or investigation. Such
depositions may be taken before any person designated by the
Secretary and having power to administer oaths. Such testimony
shall be reduced to writing by the person taking the deposition,
or under his direction and shall then be subscribed by the
Chapter 500 1361
deponent. Any person may be compelled to appear and depose
and to produce documentary evidence in the same manner as wit-nesses
may be compelled to appear and testify and produce docu-mentary
evidence before the Secretary as hereinbef ore provided.
Witnesses summoned before the Secretary shall be paid
the same fees and mileage that are paid witnesses in the courts
of this State, and witnesses whose depositions are taken and the
persons taking the same shall severally be entitled to the same
fees as are paid for like services in such courts.
No person shall be excused from attending and testify-ing
or from producing books, papers, schedules of charges, con-tracts,
agreements, or other documentary evidence before the
Secretary or in obedience to the subpoena of the Secretary
whether such subpoena be signed or issued by him or his delegate,
or in any cause or proceeding, criminal or otherwise, based upon
or growing out of any alleged violation of this Chapter or of any
amendments thereto, on the ground or for the reason that the
testimony or evidence, documentary or otherwise, required of
him or it may tend to incriminate him or it or subject him or it to
a penalty or forfeiture ; but no individual shall be prosecuted or
subjected to a penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which he is compelled,
after having claimed his privilege against self-incrimination to
testify or produce evidence, documentary or otherwise, except
that any individual so testifying shall not be exempt from prose-cution
and punishment for perjury committed in so testifying
or contempt after having received immunity from prosecution.
(c) (1) Any person that shall neglect or refuse to attend
and testify or to answer any lawful inquiry, or to produce docu-mentary
evidence, if in his or its power to do so, in obedience to
the subpoena or lawful requirement of the Secretary shall be
guilty of an offense and upon conviction thereof by a court of
competent jurisdiction shall be punished by a fine of not less than
$1,000 nor more than $5,000, or by imprisonment for not more
than one year, or by both such fine and imprisonment.
(2) Any person that shall willfully make or cause to be
made, any false entry or statement of fact in any report required
to be made under this Chapter, or that shall willfully make, or
cause to be made, any false entry in any account, record, or mem-
1362 Chapter 500
orandum kept by any person subject to this Chapter or that shall
willfully neglect or fail to make, or to cause to be made, full,
true, and correct entries in such accounts, records, or memor-anda,
of all facts and transactions appertaining to the business of
such person or that shall willfully remove out of the jurisdiction
of this State, or willfully mutilate, alter, or by any other means
falsify any documentary evidence of any person subject to this
Chapter or that shall willfully refuse to submit to the Secretary
or to any of his authorized agents, for the purpose of inspection
and taking copies, any documentary evidence of any person sub-ject
to this Chapter in his possession or within his control, shall
be deemed guilty of a misedmeanor and shall be subject, upon
conviction, to a fine of not less than $1,000 nor more than $5,000,
or to imprisonment for a term of not more than three years, or to
both such fine and imprisonment.
If any person required by this Chapter to file any
annual or special report shall fail so to do within the time fixed
by the Secretary for filing the same, and such failure shall con-tinue
for thirty days after notice of such default, such person
shall forfeit to this State the sum of $100 for each and every day
of the continuance of such failure, which forfeiture shall be
payable into the General Fund of this State, and shall be recov-erable
in a civil suit in the name of the State brought in the
county where the person has his or its principal office or in any
county in which he or it shall do business. It shall be the duty of
the various Deputys Attorney General, under the direction of the
Attorney General of this State, to prosecute for the recovery of
such forfeitures. The costs and expenses of such prosecution shall
be paid out of the appropriation for the expenses of the courts of
this State.
Any officer or employee of this State who shall make
public any information obtained by the Secretary, without his
authority, unless directed by a court, or use any such information
to his own advantage, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be punished by a fine not ex-ceeding
$5,000, or by imprisonment, not exceeding one year, or by
both such fine and imprisonment, in the discretion of the court.
Superior Court shall have jurisdiction over the offense8
in this section.
Chapter 500 1363
§ 8718. The requirements of this Chapter shall apply to persons,
establishments, animals, and articles regulated under the
, Federal Meat Inspection Act or the Federal Poultry
Products Inspection Act only to the extent provided for
in said Federal Acts
Section 2. If any provision of this Act or the application
thereof to any person or circumstances is held invalid, the valid-ity
of the remainder of the Act and of the application of such
provision to other persons and circumstances shall not be affected
thereby.
Section 3. Any proceeding, arrest, litigation or other action
undertaken prior to the effective date of this Act shall continue in
full force and effect pursuant to the prior law until consumated
or completed.
Section 4. This Act shall become effective upon the signa-ture
of the Governor.
Approved June 3, 1970.
1364
CHAPTER 501
AN ACT TO AMEND TITLE 31, DELAWARE CODE, CHAP-TER
3, RELATING TO CHILD WELFARE BY PROVID-ING
FOR A NEW SUBCHAPTER CONCERNING THE
INTERSTATE COMPACT ON THE PLACEMENT OF
CHILDREN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Title 31, Delaware Code, Chapter 3, by
providing for a new subchapter to be designated as Subchapter
VI and to read as follows:
SUBCHAPTER VI. INTERSTATE COMPACT
ON THE PLACEMENT OF CHILDREN
§ 381. Interstate Compact on the Placement of Children; en-actment
The Interstate Compact on the Placement of Children is
hereby enacted into law and entered into with all other jurisdic-tions
legally joining therein in form substantially as follows:
ARTICLE I. PURPOSE AND POLICY
It is the purpose and policy of the party states to cooperate
with each other in the interstate placement of children to the end
that:
Each child requiring placement shall receive the maxi-mum
opportunity to be placed in a suitable environment and with
persons or institutions having appropriate qualifications and
facilities to provide a necessary and desirable degree and type of
care.
The appropriate authorities in a state where a child is
to be placed may have full opportunity to ascertain the circum-stances
of the proposed placement, thereby promoting full com-pliance
with applicable requirements for the protection of the
Chapter 501 1365
The proper authorities of the state from which the
placement is made may obtain the most complete information on
the basis of which to evaluate a projected placement before it is
made.
Appropriate jurisdictional arrangements for the care
of children will be promoted.
ARTICLE II. DEFINITIONS
As used in this compact :
"Child" means a person who, by reason of minority, is
legally subject to parental, guardianship or similar control.
"Sending agency" means a party state, officer or em-ployee
thereof; a subdivision of a party state, or officer or em-ployee
thereof ; a court of a party state ; a person, corporation,
association, charitable agency or other entity which sends, brings,
or causes to be sent or brought any child to another party state.
"Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought, whether by pub-lic
authorities or private persons or agencies, and whether for
placement with state or local public authorities or for placement
with private agencies or persons.
"Placement" means the arrangement for the care of a
child in a family free or boarding home or in a child-caring
agency or institution but does not include any institution caring
for the mentally ill, mentally defective or epileptic or any insti-tution
primarily educational in character, and any hospital or
other medical facility.
ARTICLE III. CONDITIONS FOR PLACEMENT
No sending agency shall send, bring, or cause to be sent
or brought into any other party state any child for placement in
foster care or as a preliminary to a possible adoption unless the
sending agency shall comply with each and every requirement
set forth in this article and with the applicable laws of the receiv-ing
state governing the placement of children therein.
Prior to sending, bringing or causing any child to be
sent or brought into a receiving state for placement in foster care
or as a preliminary to a possible adoption, the sending agency
shall furnish the appropriate public authorities in the receiving
state written notice of the intention to send, bring, or place the
child in the receiving state. The notice shall contain :
The name, date and place of birth of the child ;
The identity and address or addresses of the parents or
legal guardian ;
The name and address of the person, agency or institu-tion
to or with which the sending agency proposes to send, bring,
or place the child ;
A full statement of the reasons for such proposed action
and evidence of the authority pursuant to which the placement
is proposed to be made.
Any public officer or agency in a receiving state which
is in receipt of a notice pursuant to paragraph (b) of this article
may request of the sending agency, or any other appropriate offi-cer
or agency of or in the sending agency's state, and shall be
entitled to receive therefrom, such supporting or additional infor-mation
as it may deem necessary under the circumstances to
carry out the purpose and policy of this compact.
The child shall not be sent, brought, or caused to be
sent or brought into the receiving state until the appropriate
public authorities in the receiving state shall notify the sending
agency, in writing, to the effect that the proposed placement does
not appear to be contrary to the interests of the child.
ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
The sending, bringing, or causing to be sent or brought into
any receiving state of a child in violation of the terms of this com-pact
shall constitute a violation of the laws respecting the place-ment
of children of both the state in which the sending agency is
located or from which it sends or brings the child and of the
receiving state. Such violation may be punished or subjected
to penalty in either jurisdiction in accordance with its laws. In
addition to liability for any such punishment or penalty, any such
violation shall constitute full and sufficient grounds for the sus-
1366 Chapter 501
Chapter 501 1367
pension or revocation of any license, permit, or other legal au-thorization
held by the sending agency which empowers or allows
it to place, or care for children.
ARTICLE V. RETENTION OF JURISDICTION
The sending agency shall retain jurisdiction over the
child sufficient to determine all matters in relation to the custody,
supervision, care, treatment and disposition of the child which
it would have had if the child had remained in the sending
agency's state, until the child is adopted, reaches maturity, be-comes
self-supporting or is discharged with the concurrence of
the appropriate authority in the receiving state. Such jurisdic-tion
shall also include the power to effect or cause the return of
the child or its transfer to another location and custody pursuant
to law. The sending agency shall continue to have financial re-sponsibility
for support and maintenance of the child during the
period of the placement. Nothing contained herein shall defeat a
claim of jurisdiction by a receiving state sufficient to deal with
an act of delinquency or crime committed therein.
When the sending agency is a public agency, it may
enter into an agreement with an authorized public or private
agency in the receiving state providing for the performance of
one or more services in respect of such case by the latter as agent
for the sending agency.
Nothing in this compact shall be construed to prevent
a private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in
that state for a private charitable agency of the sending state;
nor to prevent the agency in the receiving state from discharg-ing
financial responsibility for the support and maintenance of a
child who has been placed on behalf of the sending agency without
relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI. INSTITUTIONAL CARE OF
DELINQUENT CHILDREN
A child adjudicated delinquent may be placed in an institu-tion
in another party jurisdiction pursuant to this compact but no
such placement shall be made unless the child is given a court
hearing on notice to the parent or guardian with opportunity to
1368 Chapter 501
be heard, prior to his being sent to such other party jurisdiction
for institutional care and the court finds that:
Equivalent facilities for the child are not available in the
sending agency's jurisdiction; and
Institutional care in the other jurisdiction is in the best
interest of the child and will not produce undue hardship.
ARTICLE VII. COMPACT ADMINISTRATOR
The executive head of each jurisdiction party to this compact
shall designate an officer who shall be general coordinator of ac-tivities
under this compact in his jurisdiction and who, acting
jointly with like officers of other party jurisdictions, shall have
power to promulgate rules and regulations to carry out more
effectively the terms and provisions of this compact.
ARTICLE VIII. LIMITATONS
This compact shall not apply to :
The sending or bringing of a child into a receiving
state by his parent, step-parent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the child
with any such relative or non-agency guardian in the receiving
state.
Any placement, sending or bringing of a child into a
receiving state pursuant to any other interstate compact to which
both the state from which the child is sent or brought and the re-ceiving
state are party, or to any other agreement between said
states which has the force of law.
ARTICLE IX. ENACTMENT AND WITHDRAWAL
This compact shall be open to joinder by any state, territory
or possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and, with the consent of Congress,
the Government of Canada or any province thereof. It shall be-come
effective with respect to any such jurisdiction when such
jurisdiction has enacted the same into law. Withdrawal from this
compact shall be by the enactment of a statute repealing the same,
but shall not take effect until two years after the effective date
of such statute and until written notice of the withdrawal has
Chapter 501 1369
been given by the withdrawing state to the Governor of each
other party jurisdiction. Withdrawal of a party state shall not af-fect
the rights, duties and obligations under this compact of any
sending agency therein with respect to a placement made prior to
the effective date of withdrawal.
ARTICLE X. CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed to
effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitution of
any party state or of the United States or the applicability there-of
to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or cir-cumstance
shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state party thereto, the
compact shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all
severable matters.
§ 382. Financial responsibility; default in compact
Financial responsibility for any child placed pursuant to the
provisions of the Interstate Compact on the Placement of Chil-dren
shall be determined in accordance with the provisions of
Article V thereof in the first instance. However, in the event of
partial or complete default of performance thereunder, the provi-sions
of Title 31, Chapter 3, also may be invoked.
Notices; Department of Health and Social Services
The "appropriate public authorities" as used in Article HI
of the Interstate Compact on the Placement of Children shall,
with reference to this state, mean the Department of Health and
Social Services and said Department shall receive and act with
reference to notices required by said Article III.
"Appropriate Authority"; Department of Health and
Social Services
As used in paragraph (a) of Article V of the Interstate
Compact on the Placement of Children, the phrase "appropriate
1370 Chapter 501
authority in the receiving state" with reference to this state shall
mean the Department of Health and Social Services.
Financial commitment; approval
The officers and agencies of this state and its subdivisions
having authority to place children are hereby empowered to enter
into agreements with appropriate officers or agencies of or in
other party states pursuant to paragraph (b) of Article V of the
Interstate Compact on the Placement of Children. Any such
agreement which contains a financial commitment or imposes a
financial obligation on this State or subdivision or agency thereof
shall not be binding unless it has the approval in writing of the
State Budget Director in the case of the State and of the chief
local fiscal officer in the case of a subdivision of the State.
Other related statutes; provisions met if performed as
contemplated by compact
Any requirements for visitation, inspection or supervision of
children, homes, institutions or other agencies in another party
state which may apply under Section 307 of this Title shall be
deemed to be met if performed pursuant to an agreement entered
into by appropriate officers or agencies of this State or a sub-division
thereof as contemplated by paragraph (b) of Article V
of the Interstate Compact on the Placement of Children.
Out of State placement restrictions; not applicable if
made pursuant to compact
The provisions of Section 307 of this Title shall not apply to
placements made pursuant to the Interstate Compact on the
Placement of Children.
Jurisdiction of court; placement pursuant to compact
Any court having jurisdiction to place delinquent children
may place such a child in an institution of or in another state
pursuant to Article VI of the Interstate Compact on the Place-ment
of Children and shall retain jurisdiction as provided in
Article V thereof.
Chapter 501 1371
§ 389. Governor; appointment of officer to coordinate activities
of compact
As used in Article VII of the Interstate Compact on the
Placement of Children, the term "executive head" means the Gov-ernor.
The Governor is hereby authorized to appoint a compact
administrator in accordance with the terms of said Article VII.
Section 2. The provisions of this Act shall become effective
upon the signature of the Governor.
Approved June 3, 1970.
1372
CHAPTER 502
AN ACT TO AMEND TITLE 19, DELAWARE CODE, CHAP-TER
5, SUBCHAPTER IV, RELATING TO EMPLOY-MENT
CERTIFICATES AND WAGES FOR CHILDREN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 19, Delaware Code, Chapter 9, Subchapter
IV, is amended by striking Section 544 and inserting in lieu there-of
a new section to read as follows :
Persons authorized to issue employment certificate
Employment certificates shall be issued by the Super-intendent
of a public middle school, junior high school or senior
high school throughout the State or by some other person desig-nated
by him in writing who is a public school employee who is
retained by the public school on a 12-month or complete calendar
year basis. The superintendent shall notify the Director of the
Division of Industrial Relations of any deficiency or change
thereof.
If any Superintendent fails to designate some person to issue
employment certificates, the Director of the Division of Indus-trial
Relations shall designate some person to so act, but any
designation may be revoked by the Director at any time at his
pleasure.
The Division of Industrial Relations will keep on file a listing
of all persons who are duly qualified to issue certificates in the
various school districts of the State.
Section 2. Title 19, Delaware Code, Section 545, is amended
by striking the present section in its entirety and substituting in
lieu thereof a new section to read as follows :
Registrars for issuance of a general employment certifi-cate
(a) The issuing officers throughout the school system shall
not issue such certificate until the child, for whom it is requested,
has personally appeared and been examined by them and have
Chapter 502 1373
received, examined, approved and filed, together with the dupli-cate
of the certificate, the following papers duly executed :
A statement signed by the prospective employer or by
someone authorized on his behalf, stating that the employer ex-pects
to give the child present employment and setting forth the
character of the employment.
A school record, if the child is not a student of the
school where the issuing is to take place, filled out and signed by
the principal or chief executive officer of the school, public or
non-public, where the child last attended, which shall be furn-ished
in behalf of any child who may be entitled thereto, certify-ing
what course of study the child has completed.
(b) Evidence showing that the child is 14 years of age or up-wards,
which shall consist of one of the following proofs of age,
shall be required in the order herein designated :
A duly attested transcript of the birth certificate filed
according to law with a registrar of vital statistics or other offi-cer
charged with the duty of recording births ;
A baptismal certificate or transcript of the record of
baptism duly certified, showing the date of birth of such child ;
A passport showing the age of such child as an immi-grant;
Other documentary evidence of age such as school
record, Delaware motor vehicle operator's license, etc., (other
than the affidavit of parent, guardian, legal custodian or next
friend) or transcript thereof, duly certified, which shall appear
to the satisfaction of the issuing officer to be good and sufficient
proof of age.
In case such proofs of age shall be unobtainable and
only in such cases, the issuing officer may accept, in lieu thereof,
a signed statement of the physician, designated by the Depart-ment
of Labor, stating that, after examination, it is the opinion
of such physician that such child has attained the age required
by law for the occupation in which the child expects to engage,
and such statement shall be accompanied by an affidavit, signed
by the parent, guardian, legal custodian, or next friend, certify-ing
the name, date, and place of birth of such child and that the
1374 Chapter 502
parent, guardian, legal custodian or next friend, signing such
statement, is unable to produce any of the proofs of age specified
in the preceding sub-division of this section.
§ 549. TO BE REPEALED
Section 3. Title 19, Delaware Code, Section 549, is amended
by repealing said section in its entirety.
Approved June 3, 1970.
1375
CHAPTER 503
AN ACT TO AMEND CHAPTER 31, TITLE 3, DELAWARE
CODE, RELATING TO MILK, CREAM AND OTHER
MILK PRODUCTS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Title 3, Delaware Code, Section 3115,
by striking said section in its entirety and substituting in lieu
thereof a new section to read as follows :
§ 3115. Frequency of testing, holding, testing and reporting;
retesting provisions
Any person or milk plant or agent thereof in the State or
out of the State engaged in the business of buying milk on the
basis of percentage of butterfat contained therein shall make a
test at least once every sixteen days. The milk purchased from
each milk producer shall be represented by a composite sample
taken from the entire delivery of each of the several lots pur-chased
from the milk producer and shall cover a period of not
more than 16 days. A composite sample shall contain a preserva-tive
and it shall contain aliquot parts from each lot of milk col-lected.
The preservative must be capable of keeping the compos-ite
sample in suitable condition for testing for a period of at least
30 days. Each composite sample shall be held in an air tight bot-tle,
such bottle shall be labeled with the name or number of the
milk producer.
After the composite samples have been tested, their residues
shall be held intact and in a suitable condition for retesting for
a period of 15 days.
All milk producers shall be notified within 5 days after the
close of the period giving such producer the results of the butter-fat
test on the composite sample. If the producer desires a retest,
such request shall be made directly to the milk plant or through
the fieldman within 24 hours after the receipt of the butterfat
test. Such retest shall be made immediately and reported to the
producer.
1376 Chapter 503
The State Board of Agriculture may at any time require out
of state milk plants to deliver one or all composite samples to the
State Board of Agriculture laboratories for retesting purposes.
An alternative would be for the out of state milk plant to grant
the State Board of Agriculture or its agents permission to enter
their plants for the purpose of taking samples for rechecking
purposes. If the composite sample should in some manner be de-stroyed
during the period and it becomes necessary to use fresh
samples as the basis of settlement at least three fresh samples
shall be taken from three separate deliveries of milk.
Reports of all butterfat tests shall be made to the State
Board of Agriculture at the close of each testing period. If butter-fat
tests vary more than 0.20 percent from one testing period to
the next testing period, a retest shall be made and reported.
Approved June 3, 1970.
1377
CHAPTER 504
AN ACT TO INCORPORATE THE TOWN OF HENLOPEN
ACRES.
Be it enacted by the General Assembly of the State of Dela-ware
(two-thirds of all members elected to each branch thereof
concurring therein):
INCORPORATION
Section 1. The inhabitants of the Town of Henlopen Acres,
in Sussex County, are hereby constituted a municipal corporation
and body politic by and under the name of "Mayor and Commis-sioners
of Henlopen Acres", hereafter referred to as Corporation
or Town, with power to govern themselves by such ordinances,
rules, resolutions and regulations for municipal purposes as they,
through their duly elected officers and agents, may deem proper,
not in conflict with the provisions of this Charter of government,
nor with the Constitution and Laws of the State of Delaware, or
of the United States.
TERRITORY AND LIMITS
Section 2. The present territorial limits of the Town of Hen-lopen
Acres are hereby established and declared to be as follows :
ALL those three certain adjoining pieces or parcels of land
and premises situate, lying, and being in Lewes and Rehoboth
Hundred, Sussex County and State of Delaware, north of the
Town of Rehoboth and east of the United States Inland Water-way
known as the "Lewes and Rehoboth Canal", bounded on the
north by lands of Daniel G. Anderson ; on the northwest and west
by lands of said United States Inland Waterway; and on the
south and southeast, in part by the north boundary line of the
Town of Rehoboth, in part by the north line of Henlopen Avenue,
and in part by certain State lands; and on the east and northeast
by the mean high-water line of the Atlantic Ocean, be the contents
of said parcels of land whatsoever they may, and being all the
same lands described in and conveyed as Parcels Number I, Num-ber
2, and Number 3, by that certain deed of Wilbur S. Corkran
and Louise C. Corkran, his wife, unto Henlopen Acres, Inc. (a
is18 Chapter 504
Corporation of the State of Delaware), bearing date the 14th day
of July, 1930, and of record in the office of the Recorder of Deeds
of the State of Delaware, in and for Sussex County, at George-town,
Delaware, in Deed Record D.H.X., Vol. 280, Page 220; and
also being the same lands and premises delineated as Parcels
Number 1, Number 2, and Number 3, on "Plat of Lands in Lewes
and Rehoboth Hundred, Sussex County, Delaware, Conveyed by
Wilbur S. Corkran and Louise C. Corkran, his wife, to Henlopen
Acres, Inc.", which plat is now of record in the Office of the Re-corder
of Deeds, in and for Sussex County aforesaid, in Deed
Record D.H.X., Vol. 280, Page 598.
STRUCTURE OF THE GOVERNMENT
Section 3. The government of the Town and the exercise of
all power conferred by this Charter, except as otherwise provided
herein, shall be vested in the Commissioners of Henlopen Acres.
The Commissioners of Henlopen Acres shall consist of seven (7)
members, to be chosen as hereinafter provided. One of said Com-missioners
shall have the title of Mayor of the Town of Hen-lopen
Acres, with duties hereinafter to be prescribed, and who
shall also be President of the Commissioners of Henlopen Acres.
Until such time as the first regular election of Commissioners can
be held, 3. Edward Murphy is hereby appointed to serve as the
Mayor and Sandford B. Leach, Kilburn LeCompte, Norman E.
Smith, Mathew J. McDemmott, Frances W. Plowman, John L.
Bradley, John W. Watson and John Beck are appointed to serve
as the original Commissioners of the Town of Henlopen Acres.
GENERAL POWERS
Section 4. (a) The inhabitants of the Town of Henlopen
Acres within the limits and boundaries referred to in Section 2 of
the Act, or within the limits and boundaries hereafter established
shall be and they are hereby created a body politic and corporate
in law and equity by the corporate name of "The Town of Hen-lopen
Acres," hereinafter called the Town and under the name
shall have perpetual succession, may have and use a corporate
seal which may be altered, changed or renewed at pleasure; may
sue and be sued, plead and be impleaded in all Courts of law and
equity in the State of Delaware, and elsewhere, by said corporate
name, may hold and acquire by purchase, gift, devise, lease or
Chapter 504 1379
by condemnatic real property and personal property within or
without its boundaries for any municipal purposes, in fee simple
or for lesser estate or interest, any may sell, lease, hold, manage
and control such property as its interest may require and may do
all other things which a body politic and corporate may lawfully
do to carry out and effect the object and purposes of this Act,
subject, however, to other sections of this Act.
As hereinafter provided in this Charter relative to power
to issue bonds, the Town shall have all other powers and func-tions
requisite to or appropriate for the Government of the Town,
its peace and order, its sanitation, beauty, the health, safety,
convenience, comfort and well being of its population, and the
protection and preservation of property, public and private; and
all actions, suits or proceedings shall be brought in the name of
"The Town of Henlopen Acres."
(b) The enumeration of particular powers by this Charter
shall not be held to be exclusive, or to restrict in any manner the
general powers conferred herein, but in addition to the powers
enumerated herein, implied hereby, or appropriate to the exercise
thereof it is intended that the Town of Henlopen Acres shall have,
and may exercise, all powers which, under the Constitution of the
State of Delaware, it would be competent for this Charter spe-cifically
to enumerate. All powers of the Town of Henlopen Acres
whether expressed or implied, shall be exercised as prescribed by
this Charter or; if not prescribed herein, by ordinance or resolu-tion
of the Commissioners,
QUALIFICATIONS OF MAYOR AND COMMISSIONERS
Section 5, The qualifications for Mayor and Commissioner
shall be as follows :
Each of the seven (7) Commissioners of Henlopen
Acres, at the time of the approval of their qualifications by the
Town Commissioners, as hereafter provided or at the time of
their appointment, as the case may be, and throughout his or her
term of office, shall have attained the age of twenty-one (21)
years of age.
Each shall be a non-delinquent taxable of the Town, as
to all property taxes levied or assessments made by the Town.
1380 Chapter 504
Each shall be a freeholder of the Town of Henlopen
Acres. The Commissioner with the title of Mayor of the Town of
Henlopen Acres shall be a bona fide resident of the Town. If any
one of the Commissioners, shall, during his term of office, cease
to be a free-holder of the Town, he shall ipso facto vacate his
office. If the Commissioner with the title of Mayor of the Town
of Henlopen Acres shall cease during his term of office to be a
bond fide resident of the Town of Henlopen Acres, he shall ipso
facto, vacate his office. The Commissioners shall be the judges
of the qualifications of their members. For all purposes of this
Charter, a "freeholder" shall be deemed to include any person
who nolds fee simple title of real property in his own name, or
who holds title to an undivided interest in real property or who
holds title to real estate as a tenant by the entirety.
Only freeholders as defined by paragraph (c) of Sec-tion
5 and the spouses of such freeholders shall have the right to
vote.
ELECTION IN GENERAL
Section 6. The present Commissioners and other officers
appointed to serve shall continue to serve as the Commissioners
of Henlopen Acres and officers of the Town from and after the
passage hereof until their successors are duly elected or appointed
at the annual election held on the last Saturday in August. In the
first annual election, to be held on the last Saturday in August,
1970, four (4) Commissioners will be elected for terms of two
years each and three (3) will be elected for terms of one year
each. Thereafter, four (4) Commissioners will be elected in even
numbered years and three (3) in odd numbered years.
ELECTIVE OFFICES
Section 7. (a) The six (6) offices of Commissioner of Hen-lopen
Acres and the office of Commissioner of Henlopen Acres
with the title of Mayor of the Town of Henlopen Acres, with
duties hereinafter to be prescribed shall be elective. All other
offices shall be appointive and the person or persons filling such
appointive offices shall be appointed by the Commissioners of
Henlopen Acres.
Chapter 504 1381
In the case of a vacancy created in any office of Com-missioner
of Henlopen Acres or in the office of Commissioner of
Henlopen Acres having the title of Mayor of the Town of Hen-lopen
Acres, either by death, resignation, loss of residence or
freeholdership, in the Town of Henlopen Acres, or other disquali-fying
event, or otherwise, the Commissioners of Henlopen Acres
shall fill such vacancy for the residue of the whole term.
Aside from loss of residence or freehoIdership, as in
these instances specified in Section 5 of this Charter, if any elect-ive
officer be found guilty of any felony, he shall forthwith be
disqualified to act as such officer and he shall, ins° facto, vacate
his elective office; which office shall be filled by the Commission-ers
of Henlopen Acres as in the case of other vacancies.
ORGANIZATION MEETING
Section 8. (a) An organization meeting of the Commis-sioners
of Henlopen Acres shall be held within one day following
the annual election. At the organization meeting the Commis-sioners
elected shall elect one of the Commissioners as the pre-siding
officer of the Commissioners of Henlopen Acres for the
term of one year. If the Commissioners are unable to elect one
of their number as a presiding officer then such officer shall be
chosen for the Commissioners by lot by the Commissioners. The
presiding officer shall be called the "Mayor".
The Commissioners of Henlopen Acres, at the first reg-ular
meeting following the annual election, shall meet for the
purpose of organization at the usual place for holding meetings of
the Commissioners of Henlopen Acres. The newly elected Com-missioners
shall assume the duties of their respective offices,
being first duly sworn or affirmed to perform their duties with
fidelity, which oath or affirmation shall be taken before a Notary
Public, a Justice of the Peace or by a holding-over member of the
Commissioners. The Commissioners shall likewise select a Secre-tary
from their own number to serve until the first regular meet-ing
after the next succeeding election. They may also choose an
Assistant Secretary to serve as aforesaid, and such other officers
and employees as may be determined to be necessary.
The Commissioners shall by ordinance fix the amount of
any salaries or compensation of the employees, officers and
1382 Chapter 504
agents of the Town, and the time and manner of his or her, or
their payment; Provided, that the salary or compensation of any
such employee, officer or agent shall not be increased, during the
term of said office should said appointment thereto be for a des-ignated
term. No officer, employee or agent of the Town shall in
any form have, take, or receive from the Town any compensa-tion,
in and form, in addition to the salary or compensation
fixed by the Commissioners.
(d) The Commissioners shall cause to be kept a full and
complete record of all officers appointed, and employees and
agents hired by the Town, containing the names of such officers,
employees and agents, the dates of their employment, any salary
or compensation to be by them received and the date of the termi-nation
of their services. In the event that they shall hold their
office for an indefinite term, the record shall so state.
METHOD OF FILING FOR OFFICE OF
TOWN COMMISSIONER
Section 9. The candidates for Town Commissioner shall file
their notice of intention to seek office in the following manner:
(a) No person shall be voted upon as a candidate for the of-fice
of Commissioner unless at least thirty (30) days before the
date set for the election of said officers he shall have filed with
the Town Clerk or Mayor of the Commissioners of Henlopen
Acres a letter or other certificate setting forth that he will be a
candidate for a certain designated office. The Commissioners of
Henlopen Acres shall not permit the name of any such candidate
to be filed except such candidate as shall meet the requirements
of Section 5 of this Charter.
MANNER OF HOLDING ELECTIONS
Section 10. (a) Annual municipal elections shall be held
on the last Saturday in the month of August, from 9 o'clock A.M.
to 12 o'clock noon at such place or places as shall be determined
by the Commissioners, due notices of which shall be given by
posting notices thereof in two (2) conspicuous places within the
corporate limits of the Town of Henlopen Acres not less than
fifteen (15) days before the day of such annual election. Pro-vided,
however, that in the event that there is no contest for
Chapter 504 1383
any of the several offices up for election in any year, the polls
shall not remain open after 10 o'clock A.M., prevailing time.
The Commissioners will print or cause to be printed
sufficient ballots in order for each qualified voter of the Town to
vote at the annual election. Each such ballot shall be designated
"Official Ballot" and shall contain the names of all candidates
who have been nominated in accordance with the provisions of
this Charter and are qualified to serve, and said ballots shall be
delivered to the Election Board appointed pursuant to the provi-sions
of this Charter, No ballots to be used for voting at the an-nual
election shall be available for distribution to any person
prior to the time of his or her actually presenting himself for the
purpose of voting; provided, however, that the Election Board
shall have available for distribution five (5) days prior to the
date of the annual election sample ballots marked or defaced in
such a manner that they cannot be used at the election. Only those
ballots prepared in accordance with the provisions of this Section
shall be used at the annual election.
Every election shall be held under the supervision of an
Election Board. The Election Board shall consist of one (1) In-spector
of the Election and two (2) Judges of the Election. The
Judges and Inspector constituting the Election Board shall be
qualified voters of the Town and shall be appointed for that pur-pose
by the Town Commissioners at least fifteen (15) days be-fore
such election. If, at the opening of the polls, there shall not
be present the three (3) members of the Election Board, or any
one of them, then in such case the persons qualified to vote at
such election and then present at the opening of the polls shall, by
viva voce, select a qualified voter or voters to so act as a member
or members of the Election Board. Members of the Election
Board shall be Judges of the Election and shall decide upon the
legality of the votes offered. The Election Board shall keep a true
and accurate list of all voters voting, The Election Board shall
have the power to subpoena persons, and officers of the Town,
and books, records and papers relative to the determination of the
validity of any vote or votes offered.
Upon the close of the election, the votes shall be read
and counted publicly and the persons having the highest number
of votes shall be declared, by the Election Board, to

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1969
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1970
PART II
VOLUME LVII
CHARLIMI PRINTING CO.. WILMINGTON, DRLAWARR
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